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Under scrutiny: Arbitration clauses at the office
When Microsoft announced in December that it was removing language from contracts signed by some of its employees that required them to pursue any sexual harassment claims against the company through binding arbitration rather than through the court system, it was going decidedly against the grain of national trends. According to a study published last […]
Contract – Arbitration waived by merits-based litigation
Degidio v. Crazy Horse Saloon & Rest. Inc. (Lawyers Weekly No. 001-019-18, 16 pp.) (Wilkinson, J.) No. 17-1145, Jan. 18, 2018; DSC at Florence (Hendricks, J.) 4th Cir. Holding: An exotic dance club could not enforce arbitration agreements it obtained from its entertainers when it used those agreements as an “insurance policy” for merits-based litigation, the court of […]
Law firm settles suit against ex-shareholder
The law firm of Martin & Jones, which has three locations in North Carolina, has settled a suit against a former shareholder — after a state Business Court judge held that the firm misinterpreted a provision in its own operating agreement.
Insurance — No Arbitration of Reinsurance Agreement
Minnieland Private Day School Inc. v. Applied Underwriters Captive Risk Assurance Co. (Lawyers Weekly No. 001-172-17, 18 pp.) (Wynn, J.) No. 16-1511, Aug. 11, 2017; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: The 4th Circuit upholds a district court’s denial of appellant underwriters company’s motion to compel arbitration of its dispute with […]
Labor & Employment – Arbitration Awards Affirmed, But No Fees
Brown & Pipkins LLC v. Service Employees Int’l Union, Local 32BJ (Lawyers Weekly No. 001-017-17, 26 pp.) (Diaz, J.) No. 15-1931, Jan. 23, 2017; USDC at Alexandria, Va. (Hilton, J.) 4th Cir. Holding: The 4th Circuit upholds four labor arbitration awards for a union against a janitorial services company for violations of the parties’ collective […]
Contract – Employer Failed to File Arbitrator Preferences
UBS Financial Services Inc. v. Padussis (Lawyers Weekly No. 001-167-16, 15 pp.) (Wilkinson, J.) No. 15-2148, Nov. 22, 2016; USDC at Baltimore, Md. (Quarles, J.) 4th Cir. Holding: A financial services company cannot overturn an arbitration award of $900,000 in compensatory damages to its former employee on the ground that it should have been granted […]
$450K arbitration award for injured driver
An arbitration panel has awarded $450,000 to a man who was injured in a traffic crash in New Hanover County. Ronald Neder argued that he sustained a mild traumatic brain injury when his car collided with a vehicle that pulled out in front of him. The other driver, Kimberly Miller, initially denied negligence. She asserted […]
Civil Practice – Statute of Limitations – Set-Off & Recoupment – Arbitration – Corporate – Receivership
In re Southeastern Eye Center – Pending Matters (Lawyers Weekly No. 020-054-16, 18 pp.) (Louis Bledsoe III, J.) 2016 NCBC 57 Holding: Although two of the defendant-employee’s counterclaims are denominated as claims for set-off, the court concludes that these counterclaims – for breach of the parties’ employment contract and violation of the Wage and Hour […]
Arbitration — Domestic Relations – Consent Order – Evidentiary Error – Waiver
Eisenberg v. Hammond (Lawyers Weekly No. 011-220-16, 13 pp.) (Donna Stroud, J.) Appealed from Wake County District Court (Anna Worley, J.) N.C. App. Holding: Pursuant to paragraphs 11 and 15 of the parties’ arbitration agreement, the arbitrator should not have excluded defendant from the testimony of the parties’ daughter; nevertheless, under paragraph 20 of the […]
Consumer Protection – Arbitration Order Based on Loan Payments
Galloway v. Santander Consumer USA Inc. (Lawyers Weekly No. 001-066-16, 29 pp.) (Traxler, J.) No. 15-1392, April 8, 2016; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: Although defendant lender asked for monthly car payments 86 cents higher than the reduced amount stated in the amended sales contract plaintiff signed and returned to the […]
Arbitration – Court Decides on Class-Claim Arbitration
Dell Webb Communities Inc. v. Carlson (Lawyers Weekly No. 001-061-16, 23 pp.) (Diaz, J.) No. 15-1385, March 28, 2016; USDC at Beaufort, S.C. (Blatt, J.) 4th Cir. Holding: A district court erred in holding that it was up to an arbitrator to decide whether plaintiffs could arbitrate class-action claims against defendant Pulte Group arising from […]
Labor & Employment – Labor Arbitrator Should Decide Remedy
Peabody Holding Co. LLC v. United Mine Workers of America (Lawyers Weekly No. 001-053-16, 19 pp.) (Wilkinson, J.) No. 14-2032, March 8, 2016; USDC at Alexandria, Va. (Brinkema, J.) 4th Cir. Holding: In this dispute between the United Mine Workers union and the Peabody Coal Company, the district court acted prematurely in confirming an arbitrator’s […]
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
